Once a complaint is lodged under sections 498a406 ipc whether there are vague, unspecific or exaggerated allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of police and agencies like. An fir is compulsory upon complaint with a small caveat in the case of 498a since all these sections pertain to cognisable crimes. Section 498a ipc, comprising of an independent chapter was inserted by the criminal law second amendment act, 1983 46 of 1983 with effect from 25th december, 1983. A threejudge bench of the supreme court headed by cji dipak misra expressed its reservations regarding the correctness of the said judgment today, not. We are not lawyers, but no lawyer will give you advice like we do.
It was passed to protect the married women from mental and physical cruelty. Supreme court judgment on misuse of section 498a of ipc. Section 498a of indian penal code, 1860 is misused against husband and his relatives. Throughout this code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled general exceptions, though those exceptions are not repeated in such definition, penal provision, or illustration. Ipc 498a harassment or cruelty to a woman the indians abroad. Husband or relative of husband of a woman subjecting her to cruelity. Dec 15, 2016 power point on section 498a of indian penal code.
The indian penal code ipc dowry law misuseipc 498a by indian women. Amendments in ipc to check false claims of dowry harassment. Section 498a and section 302 read with section 34 of the. This is a presumptive section which got inserted in the evidence act by criminal law second amendment act, 1983 side by side the insertion of section 498a to. Combine a generally weak health status with indifference to health requirements. Ab was rejected by session court on ground of recovery not made. Power point on section 498 a ipc linkedin slideshare. Section 498a is a cognizable offence under the indian penal code, 1860 and was brought into the ipc in the year 1983 to curb the menace of cruelty to married women for want of dowry, which often led to their deaths. Section 498a ipc law likely to be amended soon truth. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall als. Passed in 1983, section 498a of the ipc in its current form reads as whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished.
They enjoyed and and sanctioned billions of rupees by submitting false records of women suffering by giving 498a sections false statistics. Ipc 498a commonly known as the anti dowry law, was passed in 1983 to protect married women from mental and physical cruelty and dowry related demand by husband and his relatives. It is no hidden secret that ipc 498a is a weapons of human rights abuse of husband and his familyrelatives, and judiciary including supreme court has given instances of its gross misuse and directives to government and law ministry for prevention of ipc 498a misuse and amendments. Difference between section 304b and 498a of the ipc are as follows. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Period of operation of section 1b of the evidence act is seven years, presumption arises when a woman committed suicide within a period of seven years from the date of marriage. Section 304b deals with dowry death being subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. Section 498a of indian penal code ipc states that husband or relative of husband of a woman subjecting her to cruelty. The object for which section 498a ipc was introduced is amply reflected in the statement of objects and reasons while enacting criminal law second amendment act no. What are the counter steps for the misuse of ipc 498a. Section 498a and section 302 read with section 34 of the ipc.
Marital rape cannot be made a criminal offence as it could become a phenomenon that may destabilise the institution of marriage and an easy tool for harassing the husbands, the. For the purpose of section 498a, harassment simpliciter is not cruelty and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand for property, etc. Fir us 498a,406,506 was registered against me by my wife. Offenders are liable for imprisonment as well as a fine under the section and the offence is non bailable, noncompoundable and cognizable on a complaint made to the police officer by the victim or by. Why should there be guidelines when there is an ipc provision.
Proceedings under section 498a40634 ipc are not to be converted into recovery proceedings. Government of india inserted section 498a under ipc by the amendment act 1983. Once a complaint fir is lodged with the police under s. Most important 498a judgments that positively shaped the indian judicial system and helped fight and protect against unlawful dowry act 498a cases. Understanding issues of jurisdiction in a 498a case. How to save yourself and your family from getting in 498a mess. We had difference with each other and i unable to stay with her in my parents home so i left home and stayed alone.
Section 498a ipc law likely to be amended soon truth is. A critical study on misuse of section 498a of indian penal code, 1860. By hc that demand of car and beating allegations are there. Section 498a of the indian penal code ipc, which defines the offence of matrimonial cruelty, was inserted into the ipc by an amendment in 1983. Result of the study modern women are stated to misuse the section 498a of the indian penal code, 1860. The article covers section 498a of the ipc relating to criminal law in which the. How to save yourself and your family from getting into 498a mess. Effect caused partly by act and partly by omission 37. In 1983, section 498a of the ipc was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. Discrimination of men under sec 498a ipc international journal of. I hope to shed some light on what this law is really about, the effects it will have on you and your family and how to survive this ordeal. The judge in his order lamented that it is most unfortunate that section 498a of ipc has become a weapon in breaking the families rather than uniting them.
Sc judgments on ipc 498a page 1 supreme court judgments. Daily briefs, gs paper2, indian polity basics and issues, polity, topic for mains2019, topic for prelims2020 marital rape, section 498a of ipc post navigation all you need to know about section 377. This law is unique to india as it not only discriminates based on gender man vs. Ipc section 498a husband or relative of husband of a. Section 498 a of ipc deals with the cases of dowry harassment. Section 498a of the indian penal code, is a criminal offence.
May 09, 2020 section 498a latest breaking news, pictures, videos, and special reports from the economic times. Understanding section 498a of indian penal code, on. Section 498a of ipc was a bread and butter for women commission and other women otganisations for decades. Courts tend to take delayed complaints under ipc section 498a, ipc section 406, and ipc section 34 with a pinch of salt. Sec 498a of the indian penal code a weapon in the hands of. Hc gives guidelines on section 498a hyderabad news. For the purpose of this subsection, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 28 of 1961. Indian penal code, 1860 sections 304b, 498a dowry death, cruelty upon women by her husband and his relatives conviction and sentence of the appellant for commission of the offences under pw1 and pw4, made general allegations of harassment by the appellant towards the deceased and have not brought in evidence any specific acts of cruelty or harassment the prosecution failed. What are points to be put forward in sc to get ab early. It makes it a crime to be cruel to your wife or to your relatives wife. This particular section under indian penal code ipc says that if husband of a woman or husbands relatives subjects any forms of cruelty to the woman are liable for penalties which include imprisonment not less than 3 years as well fine up to certain extent as well as its a non bailable offence. We handle women centric biased laws like false section 498a ipc, domestic violencedv act, divorce, maintenance, alimony, child custody, hma 24, 125.
The committee notes that the offence under section 498a ipc is essentially a fallout of strained matrimonial relationship for which there might be various. Ipc 498a harassment or cruelty to a woman the indians. Difference between section 304b and 498a of the ipc. Why should there be guidelines when there is an ipc. Station for the offences punishable under sections 498a, 323, 504, rw. Attempts were made in the present case in this direction, but unfortunately have failed. Ipc 498a refers to cruelty committed on daughterinlaw wife by parentsinlaw husband, and to any cruelty committed by any relative of her husband on the natal side of his family.
In many other crimes an fir is accepted as a weighty document regardless of any delay. Under section 198a of crpc, the court is bound not to take cognizance of an offence punishable under section 498a of ipc. Explore section 498a of ipc profile at times of india for photos, videos and. The most commonly used of these laws and acts are some sections of the indian penal code, including but not limited to ipc 498a, ipc 406, ipc 34. The object for which section 498a ipc was introduced is amply. Chapter 2 general explanations section 652 ipc, 1860. Disposal of cases filed under sec 498a of ipc by courts. It is a cognizable, nonbailable, and noncompoundable offence. The allegations, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence under ipc 498a or make out a case against the accused. Once a complaint is lodged under sections 498a 406 ipc whether there are vague, unspecific or exaggerated allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of police and agencies like. A critical study on misuse of section 498a of indian penal.
This is a tool which is being used only to extort money, to beg a better deal from the marriage. But, the terms has not been defined in section 304b. Ipc 498a harassment or cruelty to a woman indian law against harassment or cruelty to a woman, and dowry abuse section 498a i. The scope of my article is to cover section 498a of the ipc relating to criminal law in which the wife and her family can charge any or all of the husbands family of physical or mental cruelty. Material are used mainly primary resources referred like books, journals, articles and e sources. The law explains that cruelty means anything that is done on purpose, and either causes serious harm to. Traditionally, in any society, the woman is subservient and is subjugated to the whims and caprices of the. The judgment of the supreme court in rajesh sharma v. State of haryana 1991 1 scc 371 s498a s304b ipc s306 ipcs exception iv to s300 ipc 1b indian evidence act iea held, unnatural death whether homicidal or suicidal would attract s304b ipc full pdf judgment.
This was the first time that an attempt was made to consider domestic violence against women a criminal offence. Union of india, in which it had laid down safeguards to prevent the misuse. Explanation for the purpose of this section dowry death shall have the same meaning as in section 304b of the indian penal code 45 of 1860. Hc gives guidelines on section 498a hyderabad news times. Please read group rules click here, if you agree then please register click here and after registration join welcome group here.
But today 498a is commonly known as the law which is misused. However, it is the desire of a court to try and ensure that matrimonial disputes are resolved. When such an act is criminal by reason of its being done with a criminal knowledge or intention 36. Endeavour of the police should be to scrutinize complaints carefully and then register fir. It was added to the indian penal code in the year 1983.
Feb 22, 2018 the exact definition of ipc sec 498a would read as. If 498a is imminent, start collecting proofs in forms of letters, audios and videos, next step is to post your question in our yahoo group so that people who have already experienced 498a can provide you a helping hand. The s498a of the indian penal code, 1860, pertains to the offence. People dont know what section 498a of the ipc is nor do they know what to do when a 498a case is registered against them. Except in cases where the police report is filed by the aggrieved wife or by her father, mother,brother, sister or with the leave of the court, by any person related to her by blood,marriage or adoption. The committee of petitions rajya sabha in the report presented on 7. Section 498a latest breaking news, pictures, videos, and special reports from the economic times.
Understanding issues of jurisdiction in a 498a case in quite a few 498a cases, the 498a wives allege that they were subjected to mental cruelty or harassment in the matrimonial home in the fir, but they end up filing the case in their native places or some other place where they may have the support of local police authorities. Section 498a ipc and section 1b of the evidence act include in their amplitude past events of cruelty. Nov 29, 2017 union of india, in which it had laid down safeguards to prevent the misuse of section 498a of the indian penal code, could soon be overturned by a larger bench. Explore section 498a of ipc profile at times of india for photos, videos and latest news of section 498a of ipc. But i have proofs tht demand of car and beating allegations are false.
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